Appointment to the post of Vice Principal is by selection and not by automatic promotion based on seniority.

1. By this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner who was an employee of the Mazharul Islam Secondary School represented by the respondent nos. 1 and 2, seeks the relief of his being continued as officiating Vice Principal and thereafter to be appointed to the post of Vice Principal of the School by setting aside the appointment of the respondent no.3/Sh. Mushtaq Begg as a Vice Principal of the School in terms of the minutes of the Departmental Promotion Committee (DPC) of the School dated 30.5.2001 and confirmed by the minutes of the Managing Committee of the School on 31.5.2001. In essence, the petitioner claims that he and not the respondent no.3 ought to have been appointed as the Vice Principal of the School and the minutes of the DPC dated 30.5.2001 be quashed.

2. The appointment of the respondent no.3 to the post of Vice Principal is challenged on the ground of his alleged lack of qualifications. Lack of qualifications is urged on two counts. First count of lack of qualification is that the respondent no.3 did not have a B.Ed degree but only had a degree of Moallim-E-Urdu. The second lack of qualification of respondent no.3 alleged is that the respondent no.3 was only a Physical Education Teacher and not a T.G.T. and hence ineligible for appointment as a Vice Principal in terms of the relevant recruitment rules.

3. Let me at this stage reproduce the relevant recruitment rule for the post of Vice Principal of Government aided school, Mazharul Islam Secondary School being a government aided school. The relevant recruitment rule for appointment to the post of Vice Principal at the relevant time in the year 2001 reads as under:-

“RECRUITMENT RULES FOR THE POST OF VICE PRINCIAPL WORKING IN THE GOVERNMENT AIDED SCHOOLS AND

RECOGNIZED SCHOOLS IN THE UNION TERRITORY OF DELHI.

1.	Name of the post	Vice-Principal
2.	Scale of Pay	Rs.650-30-710-35-810-EB-35-880-40-1000- EB-1200 Selection
3.	Whether selection or non- selection	Selection
4.	Age limit for	a. Not exceeding 45 years relaxable for a candidate belonging to Scheduled Caste/Scheduled Tribes. b. Relaxable to the candidates belonging to the same schools.
5	Educational Qualification	Essential : a. Master’s Degree with atleast second Division from a recognized University or equivalent. Condition of Second Division relaxable in case of candidates belonging to the same school and also in case of Scheduled Castes and Scheduled Tribes. b. Degree in Teaching/Education from a recognized University or equivalent. c. 10 years experience of teaching as TGT or 5 year experience of teaching as PGT. DESIRABLE (i) Experience in administrative charge of a recognized High/Sr. Sec. School/Intermediate College. (ii) Doctorate Degree. (iii) M. Ed. Degree from a record. University
6.	Whether age and Educational qualifications prescribed for direct recruitments will apply in the case of promotion.	(i) Age = No (ii) Qualification= Yes except as indicated in Col. No.5.
7.	Period of Probation	One year
8.	Method of rectt.	By promotion, failing which by direct rectt.
9.	In case of rectt. By promotion/deputation, transfer, grades from which promotion/deputation/ transfer to be made	Promotion out of i) PGT/HM of the same school with at least 5 years experience as PGT/HM. ii) PGTs with 10 years experience as TGT in cases of Sec. Schools. Note : Competent Authority may relax the essential Qualifications in exceptional cases of the candidates of the same school after recording reasons therefor.
10	If a Selection Committee exists what is its composition.	The Selection Committee prescribed under the De